- (1.) THE instant criminal appeal has been preferred against the judgment dated 27.01.2012 and order dated 28.01.2012 passed by learned Special Judge, S.C./S.T. Act, Gonda, in Special Sessions Trial No.79 of 2005, arising out of Case Crime No.162 of 2001, Police Station Chhapiya, District Gonda whereby appellant Nirankar Singh was tried for the offence under Sections 323, 504, 506 IPC & Section 3 (1) (X) S.C./S.T. Act. By means of the impugned judgment the appellant was acquitted of the charges under Sections 504 and 506 IPC. However, he was convicted for the offence under Section 323 IPC and was sentenced to undergo imprisonment for a period of six months' and he was also convicted for the offence under Section 3 (1) (X) S.C./S.T. Act and was sentenced to undergo rigorous imprisonment for a period of two years and also with fine of Rs.1000/ - with default stipulation of two months additional imprisonment.
(2.) BOTH the sentences were directed to run concurrently.
(3.) IN brief, the facts may be stated as follows: - The incident is alleged to have taken place on 12.09.2001 at 7.00 p.m. the complainant and the appellant were on inimical terms. On the day of incident, they were coming back after attending the date of a case under Section 107/116 Cr.P.C. When the complainant reached near the field of Suresh Singh of his village at about 7.00 p.m., the appellant abused him and caused him injuries with lathi. On the alarm raised by the complainant one Lokhai and Jhinkan and other persons of the village reached there and the appellant ran away from there extending threats of life. The case of the defence was that because of the enmity he has been falsely implicated and the incident could not have taken place in the manner as alleged by the prosecution. It has further been submitted that no offence under Section 3 (1) (X) S.C./S.T. Act can be said to have been made out because there was absolutely no narration in the FIR that any caste aspersions were made against the complainant and there was no allegation that the incident took place on the ground that the complainant belongs to scheduled caste.;